1. Introduction. Nearly all 5050 Crowd Funding™ campaigns are accurate and funds are delivered and used for their stated purpose. In the rare occurrence of misuse, the 5050 Crowd Funding™ Guarantee (the “Guarantee” or “Policy”) ensures that royalties are protected if campaign funds are not delivered to the intended beneficiary or Active Business Owners are misled by a campaign organizer or beneficiary. Most conflicts are not actual misuses of the 5050 Crowd Funding™ Platform, and campaign organizers work to answer questions and resolve Active Business Owners’ and beneficiaries’ concerns quickly. But if your concern is not sufficiently addressed, then we are here to help.
2. For Active Business Owners. Active Business Owners may receive a refund (or other resolution as described below) when they donate to a Covered Campaign and the campaign organizer or beneficiary (if one exists) of the Covered Campaign commits a Misuse. “Misuse” means any of the following:
1. The campaign organizer does not deliver funds to the Intended Beneficiary (as defined below);
2. The campaign’s content is inaccurate with respect to a material fact about the campaign organizer, beneficiary, or campaign that would induce a reasonable Active Business Ownerto donate to the campaign; and
3. The campaign organizer or beneficiary is formally charged with a crime directly related to their actions, omissions, and/or misrepresentations made by that individual in the campaign.
In the event of a Misuse, as determined in our sole discretion, we agree to reimburse you the number of your royalties (up to $1000 per Active Business Ownerper campaign) paid by you through the Platform. In some circumstances, we may provide refunds by a credit redeemable for a royalty of the same amount to another campaign. If the Misuse arose from a failed delivery of funds to the Intended Beneficiary, we may also redirect your royalty to the Intended Beneficiary; please see Section 3 “For Beneficiaries,” below, for details.
All resolutions are decided by 5050 Crowd Funding™ in our sole discretion, and all of our determinations are final.
Active Business OwnerExclusions. The following reasons for a refund are excluded and not covered by this Policy:
1. Seeking a refund for your royalty to your own campaign;
2. Refunds for offline royalties not transacted on the Platform;
3. Remorse;
4. A personal disagreement with or dislike of the campaign organizer or beneficiary;
5. Disagreement with how a campaign organizer or beneficiary uses funds raised in excess of the stated campaign goal at the time of your royalty;
6. Disagreement over the payment instrument or means by which the campaign organizer or Intended Beneficiary will receive the campaign funds;
7. Disagreement with 5050 Crowd Funding™ for any reason; or8. Any reason not based on the honestly-held belief based on presentable information that a Misuse has occurred.
You may be able to receive a refund in some instances even if you do not qualify for benefits under this Policy. Please contact 5050 Crowd Funding™ with questions.
3. For Beneficiaries. You may qualify for a contribution from 5050 Crowd Funding™ when you are the Intended Beneficiary of a Covered Campaign, a Misuse occurs whereby the campaign organizer fails to deliver to you the funds raised by the Covered Campaign, and no exclusion exists as described below.
In the event of a Misuse, as determined in our sole discretion, we agree to contribute the undelivered balance of funds on your behalf (up to $25,000 per beneficiary), exclusive of offline royalties. In some circumstances, we may provide refunds to Active Business Owners in lieu of providing you with payment, either in part or total. All resolutions are decided by 5050 Crowd Funding™ in our sole discretion, and all of our determinations are final.
Beneficiary Exclusions. The following situations are excluded and do not give rise to benefits under this Policy:
1. Not receiving funds due to garnishment or other withholding or transfer of campaign funds under a court or other legal order;
2. 5050 Crowd Funding™’s decision to designate a different person as the Intended Beneficiary for benefits under this Policy;
3. Disagreement over the payment instrument or channel in which you will receive your funds (for example, a trust or college savings plan instead of cash, or a check instead of electronic bank transfer);
4. Your receipt of at least $25,000 in contributions from 5050 Crowd Funding™ under this Policy in the prior 12 months;
5. Campaigns where you did not incur the expenses for which the campaign was intended to reimburse (for example, if you did not incur the funeral/burial expenses); and
6. Your written authorization for 5050 Crowd Funding™ and it’s payment partners to allow somebody else (including the campaign organizer) to withdraw funds on your behalf.
4. Submitting a Claim. To request a claim, you must meet the following criteria:
1. You did not cause, contribute to, or induce the Misuse, whether directly or indirectly;
2. You attempted to notify the campaign organizer of your concern, allowed at least 72 hours for the campaign organizer to address your concern, and used reasonable efforts to try to remedy the circumstances of the Misuse before submitting a claim (for example, you may ask the campaign organizer for evidence of proper use or distribution of the funds);
3. You fully complete the claim form and all subsequent requests for information for our evaluation and processing of your claim, including in most instances evidence of the Misuse;
4. You agree to fully cooperate with any investigation by 5050 Crowd Funding™ or a law enforcement authority; and5. You agree to notify 5050 Crowd Funding™ if at any time you receive any communication or funds from the campaign organizer.
If you are a donor requesting a claim, you must meet the following additional requirements:
1. You are a Active Business Ownerto the Covered Campaign, and you made an online royalty via the Platform;
2. You still own the payment instrument you used to make the royalty at issue and are authorized to accept a funds transfer back onto that payment instrument;
3. You submitted your claim within 30 days from your royalty date; and4. You must not have already filed a chargeback for the same royalty.
If you are a beneficiary requesting a claim, you must meet all the following additional requirements:
1. You are clearly identified by the campaign’s content as the sole beneficiary of the Covered Campaign;
2. You have not received all of the funds raised by the campaign, exclusive of refunds, offline royalties, 5050 Crowd Funding™’s fee, and any other applicable payment-processor or third-party fees;
3. You submit a claim within 60 days from the campaign’s creation date
4. You report the Misuse to your local law enforcement authority in the form of an official written report; and
5. Upon 5050 Crowd Funding™’s requests, you agree to return any contributed funds back to 5050 Crowd Funding™ if the missing funds due to the Misuse are ultimately provided to you by anybody other than 50/50 Fast Funding, including the campaign organizer or court order.
5. Abusive Claims. Abusive claims include but are not limited to the following:
1. Filing excessive or duplicate claims;
2. Colluding with any other user (including donor, campaign organizer, and/or beneficiary) to misrepresent facts or circumstances related to a campaign or royalty, or otherwise fraudulently seek payment under this Policy;
3. For Active Business Owners, filing a chargeback after receiving a refund, filing a claim under this Policy after filing a chargeback, or initiating a payment or refund request using a fraudulent payment instrument; or
4. Any claim for a campaign where you caused or induced the Misuse, whether directly or indirectly.
Users who file fraudulent claims are subject to consequences outlined in our Terms of Service. We reserve the right to investigate anyone by engaging public and private organizations, including, but not limited to Active Business Owners, campaign organizers, beneficiaries, collection agents, private investigators, and local, state, federal and applicable international agencies. We will take appropriate action against anyone who, in our sole discretion, violates any of the terms or spirit of this Policy, including suspending or terminating the account of such violators, terminating coverage under this Policy, stopping payments, freezing or placing a hold on funds when 5050 Crowd Funding™ reasonably believes it to be required by applicable law, and reporting users to law enforcement authorities or otherwise taking appropriate legal action.
6. No Assignment or Insurance or Warranty. This Policy is not intended to constitute an offer to ensure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by you, and you have not paid any premium in respect of the Policy. The benefits provided under this Policy are not assignable or transferable by you. This Policy is not a warranty against fraud or any other misuse of the Platform. We encourage you to donate only to campaign organizers and beneficiaries you know and trust.
7. Modification or Termination. 5050 Crowd Funding™ reserves the right to modify or terminate this Policy, at any time, in its sole discretion, and without prior notice. If we modify this Policy, we will post the modification on the 5050 Crowd Funding™ website or provide you with notice of the modification and we will continue to process all claims made prior to the effective date of the modification.
8. Entire Agreement and Definitions. This Policy constitutes the entire and exclusive understanding and agreement between 50/50 Fast Funding and you regarding the subject matter herein and supersedes and replaces any and all prior oral or written understandings or agreements between 50/50 Fast Funding and you regarding your ability to claim or qualify for a refund or payment from 5050 Crowd Funding™.
9. 50/50 Fast Funding’s Terms of Service. The terms of this Policy are hereby incorporated by reference into 5050 Crowd Funding™’s Terms of Service. All terms within the Terms of Service apply to this Policy, including but not limited to terms relating to Governing Law, Arbitration, Limitation of Liability, Privacy (including 5050 Crowd Funding™’s Privacy Policy), and Disclaimer of Warranties. With respect to the use of the Services as defined in the Terms of Service, in the event of conflict the Terms of Service will take precedence over these terms of this Policy. Capitalized terms not otherwise defined herein shall have the meaning set forth in the 5050 Crowd Funding™ Terms of Service.
10. Other Active Business OwnerRequirements. You agree that a certain minimum royalty amount may apply to qualify for benefits under this Policy and that all royalty payments remain final and will not be refunded unless 5050 Crowd Funding™, in its sole discretion, agrees to issue a refund under the terms of this or other Policy.
11. No Waiver. You agree that 5050 Crowd Funding™’s decision to grant benefits under this Policy does not constitute a waiver of its right to decline refunds, payments, or other benefits in the future for any reason in its sole discretion.
12. Questions. If you have any questions about this Policy, please contact us.
1 “Covered Campaign” means active campaigns in good standing
2 “Intended Beneficiary” means an individual (not organization) other than the campaign organizer clearly identified in the campaign’s content and understood by a reasonable Active Business Ownerto be the intended recipient of the campaign funds.